New York State Court of Claims

New York State Court of Claims

SUMPTER v. THE STATE OF NEW YORK, #2006-030-566, Claim No. 110098, Motion No. M-71657


Synopsis



Case Information

UID:
2006-030-566
Claimant(s):
JON SUMPTER
Claimant short name:
SUMPTER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110098
Motion number(s):
M-71657
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant’s attorney:
JON SUMPTER, PRO SE
Defendant’s attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERAL
BY: DEWEY LEE, ASSISTANT ATTORNEY GENERAL
Third-party defendant’s attorney:

Signature date:
August 30, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 5 were read and considered on Claimant’s motion to


compel discovery pursuant to Civil Practice Law and Rules §3124:

1,2 Notice of Motion; Claimant’s Affidavit by Jon Sumpter and attached Exhibits

  1. Affirmation by Dewey Lee, Assistant Attorney General
4,5 Filed papers: Claim, Answer

Jon Sumpter alleges in Claim number 110098, among other things, that Defendant’s agents failed to provide him with adequate medical care while he was incarcerated at Downstate Correctional Facility, and caused him further harm by assigning him the top bunk in a cell, from which he fell and suffered injury on or about November 17, 2003, despite a documented medical condition suggesting he should be placed in a different location.

Claimant now seeks to compel defendant to produce the “discovery demanded by the claimant upon notice dated February 13, 2006, numbered 1.” [Notice of Motion]. A copy of the demand is attached to Claimant’s moving papers as Exhibit A. The specific demand numbered 1 reads as follows: “Photos to be taken (now) by D.O.C.S. and or DOWNSTATE CORRECTIONAL FACILITIES employees, of the double bunk beds at DOWNSTATE CORR. FAC. CADRE 4 complex (specifically a picture taken now), as soon as possible, of the bunk beds at downstate c.f. cadre, a full front, and a full side view photo of the double bunk beds at (DCF) cadre. No photos were taken at the time of this incident. I want photos taken (now) of the double bunk structure at (DCF) cadre to show what Inmate JON SUMPTER fell off of.” [Claimant’s Fifth Demand for Documents and Things, Page 2, paragraph 1].

Civil Practice Law and Rules §3101, setting forth the scope of disclosure in a civil case and applicable in the Court of Claims [See Court of Claims Act §9(9)], provides in pertinent part that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof . . .” The disclosure provisions do not require the Defendant to furnish or manufacture documents or photos not already in existence upon Claimant’s demand.

Claimant’s motion [M-71657] is in all respects denied as outside the scope of disclosure and without legal authority.

August 30, 2006
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims